Jul 2 2010 14:59 87/82/2018 14:45 8509219186 DBPR PAGE 17/23 rrogy Depa Gnent OT Mgineds and Professional feguint ion Deputy Agency Clerk CLERK, Brandon Nichols Date 7/812003 File & STATE OF FLORIDA DEPARTMENT OF BUSINESS ANO PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, (O-Y'1 la PL v. Case No. 2008-033286 THOMAS E. BOWLEG, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, Department Of Business and Professional Regulation, files this Administrative Comp)aint before the Construction Industry Licensing Board, against Respondent, THOMAS E. BOWLEG, and alleges: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. At all times material to this complaint, Respondent was licensed as a Certified General Contractor in the State of Florida, having been issued license number CG C032801. 3. Respondent's addresses of record are PO Bax 54-0895, Miami, FL 33054 and 721 NW 207th Street, Miami, Florida 33169. GA2009 Cases\OB-033286 Bowleg.ndministentive complaini.doc | Jul 2 2010 15:00 07/82/2018 14:45 9589219186 DBPR PAGE 18/23 4. At all times material to this complaint, Respondent was licensed as the qualifying agent of T Bowleg Construction Corp. (hereinafter referred to as “Contractor”), a Florida corporation with no qualified business organization certificate of authority (“QB license”). 5. Section 489.1195(1)(a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 6. On or about April 3, 2007 Contractor entered into a written contract with Alleana Edwards (hereinafter referred to as “Edwards”) to perform renovations and repairs to Edwards’ hurricane-damaged residence located at 7013 NW 63rd Court, Tamarac, Florida. 7. The contract price was $65,750.00. 8. Pursuant to the contract payment schedule, on or about April 26, 2007, and June 28, 2007, Edwards made two paymenta to the Contractor in the amount of $21,916.66 each, for a total of $43,833.32. 9. On or about April 17, 2007, the Contractor applied to the City of Tamarac building department for a building permit for the project. The application was approved, and on or about GA2009 Cases\08-033286 Bowleg administrative complaint.doc 2 Jul 2 2010 15:00 67/62/2018. 14:45 8509219186 DBPR PAGE 19/23 May 4, 2007, building permit number 07-86 was issued to the Contractor. 10. During the period from approximately May to August 2007 the Contractor performed or attempted to perform, but did not complete, the work called for by the contract, and the Contractor’s work failed numerous building department inspections. Thereafter, and without just cause and notice to Edwards, the Contractor failed to perform further work, thereby abandoning the project. ll. After the Contractor's abandonment of the project, Edwards contracted with Marinelli Construction, Inc. to complete the project for $125,000.00. COUNT ONE 12. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as though fully set forth herein, 13. Respondent violated Section 489.129(1)(j), Florida Statutes (2006), by abandoning a construction project in which the contractor is engaged or under contract as a contractor. A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days. GA20N9 Cases\08-033286 Bowlcg administrative complaint.doc 3 Jul 2 2010 15:00 07/82/2818 14:45 8589219186 DBPR PAGE 20/23 COUNT TWO 14. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as though fully set forth herein. 15. Respondent violated Section 489.129(1) (0), Florida Statutes (2006), by proceeding on a job without obtaining applicable local building department permits and inspections, by failing numerous building department inspections prior to abandoning Edwards’ project. COUNT THREE 16. Petitioner realleges and incorporates by reference the allegations set forth in paragraphs one through eleven as though fully set forth herein. 17. Section 489.119(2), Florida Statutes, provides: if the applicant proposes to engage in contracting as a business organization, including any partnership, corporation, business trust, or other legal entity, or in any name other than the applicant’s legal name or a fictitious name where the applicant is doing business as a sole proprietorship, the business organization must apply for a certificate of authority through a qualifying agent and under the fictitious name, if any. 18, Respondent violated Section 489.129(1) (i), Florida Statutes (2006), by failing in any material respect to comply with the provisions of this part or violating a rule or lawful G:\2009 Cases\08-033286 Bowleg. administrative complaint doc 4 Jul 2 2010 15:00 87/82/2818 14:45 8589219186 DBPR PAGE 21/23 order of the board by failing to comply with Section 489.119(2), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any oor ail penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief that the Board ig authorized to impose pursuant to Chapters 489, 455, Florida Statutes, and/or the rules promulgated thereunder. G:\2009 Cases\08-033286 Rowley administrative camplaint.doc 5 Jul 2 2010 15:01 87/82/2018 14:45 8509219186 DBPR PAGE 22/23 4h fe. Koo, Signed this lg day of (dla h , 2009, . CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: ~y Leontine $e. Gu Theodore R. Gay Assistant General Counsel Florida Bar No. 242896 Department of Business and Professional Regulation Office of the General Counsel 8240 N.W. 52nd Terrace, Ste. 304 Miami, FL 33166 (305) 470-6783 ext. 2225 Telephone (305) 470-5781 Facsimile PCP Date: (p-\ Nev PCP Members: suet Rey oA ow. Seca TRG/sb GA2009 Cases\O"-033286 Bowleg administrative complaint dac 6

Docket for Case No: 10-004712PL